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MEANS OF AVOIDING AND RESOLVING DISPUTES DURING CONSTRUCTION

Improved tools and contracting practices have been developed to help contracting parties work together to solve their differences amicably, at lowest possible levels of their organizations, and without undue litigation costs. This paper addresses the matter of uncertainty of subsurface ground conditions; provides an historical perspective on how owners, engineers and contractors have attempted to leverage that uncertainty for their individual benefit; and discusses how four elements of improved contracting practice that are gaining acceptance within the international underground construction community - Geotechnical Baseline Reports; Disputes Review Boards; Escrow Bid Documents; and Partnering - can aid in the avoidance and resolution of disputes in underground construction. (A)